DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-5 and 21-26 are objected to because of the following informalities.
Regarding claims 1-5 and 21-26, the term RFID needs to be fully spelled out before its abbreviation can be used and the term “WI-FI” should read “Wi-Fi” and furthermore the term 5G needs to spelled out completely i.e. fifth generation technology standard for broadband cellular networks. The term ”the four GBT in a cluster provide raw radio frequency (RF) digital data to external interfaces” isn’t clear and needs to be reproduced to indicate which signal and how it is integrated raw radio frequency (RF) digital data and there is insufficient antecedent basis for the term “the velocity” and should be changed to “velocity”. It has been held that an element is "can be" performing a function is not a positive limitation but only requires the ability to so perform and manage independently' are intended use and typical of claim limitation which may not distinguish over the prior art. Appropriate correction is required.
Regarding claims 27-34, the term 5G needs to spelled out completely i.e. fifth generation technology standard for broadband cellular networks. It appears that the signal is transmitted using 5G, however explanation and clarification is needed. It has been held that an elements are "can be" "can" performing a function is not a positive limitation but only requires the ability to so perform and manage independently' are intended use and typical of claim limitation which may not distinguish over the prior art. Appropriate correction is required.
The claim objections are not exhaustive list of issues with the claims and Applicant is advised to review the claims in their entirety.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 and 27-36 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Regarding claims 1-5 and 27-36, The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Non-exhaustive list of narrative form in claim 1, “where four ground base transmitters (GBT) in a given cluster have six modes of wireless communications that can be performed simultaneously for the velocity and position determination of up to 738 mobile devices with active RFID, the four GBT in a cluster exchange timing data with mobile devices with active RFID, the four GBT in a cluster exchange timing, control, and other types of data with each other, the four GBT in a cluster exchange timing, control, and other types of data with GBTs of another cluster, the four GBT in a cluster provide raw radio frequency (RF) digital data to external interfaces, the four GBT in a cluster provide an external interface via WI-Fl for troubleshooting and diagnostic purposes, the four GBT in a cluster provide an external interface for 5G” and so forth.
Applicant is advised to amend the claims such that active steps/limitations are claimed contrary to the narrative form and rendering the claim indefinite because it is vague/unclear what is it refers to and leave the reader in doubt as to the meaning of the features to which is refers, thereby rendering the definition of the subject matter of the claim vague/unclear. Applicant is using alternative language to define the invention which makes the claim vague and indefinite and difficult for one having ordinary skill in the art to understand the invention as a whole. It is further suggested that Applicant define one set of invention with definite language. For example …..and other types of data with each other, the four GPT in a cluster exchange timing, control, and other type of data with GBTs of another cluster. It is not clear what applicant mean by other types of data and what is another cluster.
Phrases like "six modes of wireless communications" "active RFID" or "external interface for 5G" are vague without further technical details and the claim refers to complex system (e.g. active RFID with continuous "timing data", "other types of data". and "external interface" may render the claims indefinite.
Claims 2-5 are also rejected for at least comprising the rejected claim subject matter of claim 1 and depending on the rejected claim 1.
Claims 27-36 are also rejected for at least comprising the rejected claim subject matter of claim 1 and rendering the claim indefinite because it is vague/unclear what is it refers to and leave the reader in doubt as to the meaning of the features to which is refers, thereby rendering the definition of the subject matter of the claim vague/unclear. Applicant is using alternative language to define the invention which makes the claim vague and indefinite and difficult for one having ordinary skill in the art to understand the invention as a whole. It is further suggested that Applicant define one set of invention with definite language.
The claim rejection are not exhaustive list of issues with the claims and applicant is advised to review the claims in their entirety.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 and 27-36 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-5 and 27-36 are rejected under 35 U.S.C. 101 because independent claim 1 is directed toward, “an arrangement where four ground base transmitters (GBT) in a given cluster have six modes of wireless communications that can be performed simultaneously for the velocity and position determination of up to 738 mobile devices with active RFID, the four GBT in a cluster exchange timing data with mobile devices with active RFID, the four GBT in a cluster exchange timing, control, and other types of data with each other, the four GBT in a cluster exchange timing, control, and other types of data with GBTs of another cluster, the four GBT in a cluster provide raw radio frequency (RF) digital data to external interfaces, the four GBT in a cluster provide an external interface via WI-Fl for troubleshooting and diagnostic purposes, the four GBT in a cluster provide an external interface for 5G.”, are neither positively tied to a particular machine that accomplishes the claimed method steps nor transform underlying subject matter, the recited steps could be performed without a machine, and therefore do not qualify as a statutory process because a statutory "process" under 35 U.S.C. 101 must (1) be tied to particular machine, or (2) transform underlying subject matter (such as an article or material) to a different state or thing. See page 10 of In Re Bilski 88 USPQ2d 1385.
Further, recitation of a machine with a processor, storage and a communication platform in the preamble is insufficient to determine which elements are tied to the execution of the arrangement steps. The arrangement steps also fail the second prong of the test in that there is no transformation of data. Accordingly, these claims fail to pass the "machine-or-transformation" test and under 35 usc 101 patent claims must be directed to patent-eligible subject matter -i.e., a process , machine, manufacture, or composition of matter- and not merely to an abstract idea without significantly more the claims largely describe an arrangement or method of communication between transmitters and devices and the claims may be characterized as abstract ideas involving data exchange and wireless communication , which are common in networking or signal processing.
Regarding the second factor, the claimed invention clearly is not directed to an application of a law of nature, further weighing against eligibility.
And lastly regarding the third factor weighing against eligibility, the Examiner asserts that the claimed invention is a mere statement of a general concept because both known and unknown uses of the concept are covered, and can be performed through any existing or future-devised machinery, or perhaps even without any apparatus.
To overcome 101 rejection, claim must be amended to include a specific, novel hardware architecture or a technical solution to specific technical problem.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 27-36 are rejected under 35 U.S.C. 103 as being unpatentable over Kommi et al (20180284149) in view of Eisner (US 10912056).
Regarding claims 1, 27, 32, Kommi et al discloses, an arrangement (fig. 1) where four ground base transmitters (120, 130, fig. 1) in a given cluster have six modes (fig. 1) of wireless communications that can be performed simultaneously for the velocity (¶ 0009, 0013) and position determination of up to 738 mobile devices (UE, fig. 1), the four GBT in a cluster exchange timing data (timing information) with mobile devices with active RFID, the four GBT in a cluster exchange timing, control, and other types of data with each other, the four GBT in a cluster exchange timing, control, and other types of data with GBTs of another cluster, the four GBT in a cluster provide raw radio frequency (RF) digital data to external interfaces, the four GBT in a cluster provide an external interface via WI-Fl for troubleshooting and diagnostic purposes, the four GBT in a cluster provide an external interface for 5G (¶ 0009, 0025 and 0132, the method may comprise one or more of the following features. The information indicative of the one or more velocity-related measurements may comprise an indication at least one of a straight-line distance traveled by the UE during the period of time, an average velocity for the UE during the period of time, a change in velocity for the UE during the period of time, an initial velocity for the UE at the beginning of the period of time, a final velocity for the UE at the end of the period of time, an instantaneous velocity for the UE during the period of time, an instantaneous acceleration for the UE during the period of time, a trajectory for the UE during the period of time, or some combination thereof. The indication of the straight-line distance may comprise a velocity vector. The indication of a change in velocity of the UE during the period of time may comprise an indication of a difference between a velocity of the UE at the beginning of the period of time and a velocity of the UE at the end of the period of time. The indication of an instantaneous velocity for the UE during the period of time and the indication of an instantaneous acceleration for the UE during the period of time may be for a time at which a location-related measurement of the one or more location-related measurements was obtained by the UE. The information indicative of the one or more location-related measurements further may comprise timing information, comprising at least one of the period of time, a time at which each location-related measurement of the one or more location-related measurements was obtained by the UE, or an indication of a time source for the UE during the period of time, and determining the location of the UE may be further based, at least in part, on the timing information. Determining the location may comprise extrapolating the location of the UE for a previous time to a current time, including relative locations of the UE when different location-related measurements were obtained, including relative changes in timing for the UE based on movement towards or away from a time source, calculating an expected error or uncertainty in the location for the UE, or performing some combination thereof. The one or more location-related measurements may comprise measurements of an observed time difference of arrival (OTDOA), a reference signal time difference (RSTD), a time of arrival (TOA), a round trip signal propagation time (RTT), a pseudorange, an angle of arrival (AOA), a received signal strength indication (RSSI), or any combination thereof. The method may further comprise sending to the UE, a request for the information indicative of the one or more location-related measurements and the one or more velocity-related measurements.).
Kommi et al does not specifically disclose, RFID.
In the same field of endeavor, Eisner discloses, RFID (col. 16, lines 20-65). Eisner also discloses, WiFi, 5G interface and velocity of the UE (fig. 1). Therefore, before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the device of Kommi et al by specifically adding feature in order to enhance system performance to improving signaling overhead of mobility management and read by a reader device in close proximity to the tag, which is an advantage in RFID-based location services as taught by Eisner.
Regarding claims 2, 28, 32, Kommi et al and Eisner disclose in claim 1, further, Kommi et al disclose, wherein each active RFID of up to 738 mobiles devices provide continuous timing information, via wireless communications, to each of the four GBT in a cluster, whereas each GBT manages such continuous timing information through a built-in RF subsystem in each GBT, whereas the built-in RF subsystem in each GBT transfers such continuous timing information to a digital signal processing system managed by a main processor system in the GBT (¶ 0009, 0025 and 0132, the method may comprise one or more of the following features. The information indicative of the one or more velocity-related measurements may comprise an indication at least one of a straight-line distance traveled by the UE during the period of time, an average velocity for the UE during the period of time, a change in velocity for the UE during the period of time, an initial velocity for the UE at the beginning of the period of time, a final velocity for the UE at the end of the period of time, an instantaneous velocity for the UE during the period of time, an instantaneous acceleration for the UE during the period of time, a trajectory for the UE during the period of time, or some combination thereof. The indication of the straight-line distance may comprise a velocity vector. The indication of a change in velocity of the UE during the period of time may comprise an indication of a difference between a velocity of the UE at the beginning of the period of time and a velocity of the UE at the end of the period of time. The indication of an instantaneous velocity for the UE during the period of time and the indication of an instantaneous acceleration for the UE during the period of time may be for a time at which a location-related measurement of the one or more location-related measurements was obtained by the UE. The information indicative of the one or more location-related measurements further may comprise timing information, comprising at least one of the period of time, a time at which each location-related measurement of the one or more location-related measurements was obtained by the UE, or an indication of a time source for the UE during the period of time, and determining the location of the UE may be further based, at least in part, on the timing information. Determining the location may comprise extrapolating the location of the UE for a previous time to a current time, including relative locations of the UE when different location-related measurements were obtained, including relative changes in timing for the UE based on movement towards or away from a time source, calculating an expected error or uncertainty in the location for the UE, or performing some combination thereof. The one or more location-related measurements may comprise measurements of an observed time difference of arrival (OTDOA), a reference signal time difference (RSTD), a time of arrival (TOA), a round trip signal propagation time (RTT), a pseudorange, an angle of arrival (AOA), a received signal strength indication (RSSI), or any combination thereof. The method may further comprise sending to the UE, a request for the information indicative of the one or more location-related measurements and the one or more velocity-related measurements.).
Regarding claims 3, 29, 33, Kommi et al and Eisner disclose in claim 1, further, Kommi et al disclose (Original) The arrangement of claim 1 wherein each of the four GBT in a cluster, via wireless communications, exchange information (timing, control, and other types of data), with each other, whereas such exchanged of information is done via the built-in RF system of each GBT, whereas in addition, each GBT uses its own digital signal processing system and its own main processor system to manage the exchange of information received by the built-in RF system in each GBT (¶ 0009, 0025 and 0132, the method may comprise one or more of the following features. The information indicative of the one or more velocity-related measurements may comprise an indication at least one of a straight-line distance traveled by the UE during the period of time, an average velocity for the UE during the period of time, a change in velocity for the UE during the period of time, an initial velocity for the UE at the beginning of the period of time, a final velocity for the UE at the end of the period of time, an instantaneous velocity for the UE during the period of time, an instantaneous acceleration for the UE during the period of time, a trajectory for the UE during the period of time, or some combination thereof. The indication of the straight-line distance may comprise a velocity vector. The indication of a change in velocity of the UE during the period of time may comprise an indication of a difference between a velocity of the UE at the beginning of the period of time and a velocity of the UE at the end of the period of time. The indication of an instantaneous velocity for the UE during the period of time and the indication of an instantaneous acceleration for the UE during the period of time may be for a time at which a location-related measurement of the one or more location-related measurements was obtained by the UE. The information indicative of the one or more location-related measurements further may comprise timing information, comprising at least one of the period of time, a time at which each location-related measurement of the one or more location-related measurements was obtained by the UE, or an indication of a time source for the UE during the period of time, and determining the location of the UE may be further based, at least in part, on the timing information. Determining the location may comprise extrapolating the location of the UE for a previous time to a current time, including relative locations of the UE when different location-related measurements were obtained, including relative changes in timing for the UE based on movement towards or away from a time source, calculating an expected error or uncertainty in the location for the UE, or performing some combination thereof. The one or more location-related measurements may comprise measurements of an observed time difference of arrival (OTDOA), a reference signal time difference (RSTD), a time of arrival (TOA), a round trip signal propagation time (RTT), a pseudorange, an angle of arrival (AOA), a received signal strength indication (RSSI), or any combination thereof. The method may further comprise sending to the UE, a request for the information indicative of the one or more location-related measurements and the one or more velocity-related measurements.).
Regarding claims 4, 30, 35, Kommi et al and Eisner disclose in claim 1, further, Kommi et al disclose, wherein a designated (D) GBT (i.e. D_GBT) in a cluster of four GBT, via wireless communications, manages the transfer of information (timing, control, and other types of data) from the existing cluster, where the mobile device with its own RFID finds itself, to the next consecutive cluster of 4 GBT where the mobile device is traveling to, whereas the transfer of information is managed by a process known as managed transmission (MT) between the D_GBT and each of the four GBT in the next consecutive cluster, whereas the transfer of information is done via the built-in RF system of the D_GBT and the built-in RF systems of the four GBT in the next consecutive cluster, wherein each of the four GBT in a cluster, via wireless communications, exchange raw information concerning timing, control, and other types of signals, with an external WIFI interface for continuous diagnostic analyses of the raw information received by the built-in RF system of each GBT, and whereas such raw information is processed by the digital signal processing system and the main processor system of each GBT, wherein each of the four GBT in a cluster, via wireless communications, exchange information concerning command, control, and other types of signals, with an external WIFI interface for the purpose of troubleshooting a GBT on as needed basis, whereas the information concerning command, control and other types of signals are first received by a GBT via a dedicated section of the built-in RF system of each GBT, and whereas the information concerning command, control and other type of signals are first stored in memory by a controller, and whereas the information concerning command, control and other types of signal is sent to the main processor of each GBT via the system bus from which such command, control, and other types of signals are processed (¶ 0009, 0025 and 0132, the method may comprise one or more of the following features. The information indicative of the one or more velocity-related measurements may comprise an indication at least one of a straight-line distance traveled by the UE during the period of time, an average velocity for the UE during the period of time, a change in velocity for the UE during the period of time, an initial velocity for the UE at the beginning of the period of time, a final velocity for the UE at the end of the period of time, an instantaneous velocity for the UE during the period of time, an instantaneous acceleration for the UE during the period of time, a trajectory for the UE during the period of time, or some combination thereof. The indication of the straight-line distance may comprise a velocity vector. The indication of a change in velocity of the UE during the period of time may comprise an indication of a difference between a velocity of the UE at the beginning of the period of time and a velocity of the UE at the end of the period of time. The indication of an instantaneous velocity for the UE during the period of time and the indication of an instantaneous acceleration for the UE during the period of time may be for a time at which a location-related measurement of the one or more location-related measurements was obtained by the UE. The information indicative of the one or more location-related measurements further may comprise timing information, comprising at least one of the period of time, a time at which each location-related measurement of the one or more location-related measurements was obtained by the UE, or an indication of a time source for the UE during the period of time, and determining the location of the UE may be further based, at least in part, on the timing information. Determining the location may comprise extrapolating the location of the UE for a previous time to a current time, including relative locations of the UE when different location-related measurements were obtained, including relative changes in timing for the UE based on movement towards or away from a time source, calculating an expected error or uncertainty in the location for the UE, or performing some combination thereof. The one or more location-related measurements may comprise measurements of an observed time difference of arrival (OTDOA), a reference signal time difference (RSTD), a time of arrival (TOA), a round trip signal propagation time (RTT), a pseudorange, an angle of arrival (AOA), a received signal strength indication (RSSI), or any combination thereof. The method may further comprise sending to the UE, a request for the information indicative of the one or more location-related measurements and the one or more velocity-related measurements.).
Regarding claims 5, 31, 36, Kommi et al and Eisner disclose in claim 1, further, Kommi et al disclose, wherein each of the four GBT in a cluster, via wireless communications, exchange information in the form of data and other types of signals, with the radio access network (RAN) of a cellular network which connects to the mobile core control plane in the 5G system, Reply to Restriction Requirement of February 21, 2025 whereas such connection to the RAN by the GBT is through a dedicated built-in cellular unit within the built-in RF system of each GBT (¶ 0009, 0025 and 0132, the method may comprise one or more of the following features. The information indicative of the one or more velocity-related measurements may comprise an indication at least one of a straight-line distance traveled by the UE during the period of time, an average velocity for the UE during the period of time, a change in velocity for the UE during the period of time, an initial velocity for the UE at the beginning of the period of time, a final velocity for the UE at the end of the period of time, an instantaneous velocity for the UE during the period of time, an instantaneous acceleration for the UE during the period of time, a trajectory for the UE during the period of time, or some combination thereof. The indication of the straight-line distance may comprise a velocity vector. The indication of a change in velocity of the UE during the period of time may comprise an indication of a difference between a velocity of the UE at the beginning of the period of time and a velocity of the UE at the end of the period of time. The indication of an instantaneous velocity for the UE during the period of time and the indication of an instantaneous acceleration for the UE during the period of time may be for a time at which a location-related measurement of the one or more location-related measurements was obtained by the UE. The information indicative of the one or more location-related measurements further may comprise timing information, comprising at least one of the period of time, a time at which each location-related measurement of the one or more location-related measurements was obtained by the UE, or an indication of a time source for the UE during the period of time, and determining the location of the UE may be further based, at least in part, on the timing information. Determining the location may comprise extrapolating the location of the UE for a previous time to a current time, including relative locations of the UE when different location-related measurements were obtained, including relative changes in timing for the UE based on movement towards or away from a time source, calculating an expected error or uncertainty in the location for the UE, or performing some combination thereof. The one or more location-related measurements may comprise measurements of an observed time difference of arrival (OTDOA), a reference signal time difference (RSTD), a time of arrival (TOA), a round trip signal propagation time (RTT), a pseudorange, an angle of arrival (AOA), a received signal strength indication (RSSI), or any combination thereof. The method may further comprise sending to the UE, a request for the information indicative of the one or more location-related measurements and the one or more velocity-related measurements.).
Conclusion
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/KHAWAR IQBAL/Primary Examiner, Art Unit 2643